State v. Palmer, 273 N.C. App. 169 (Aug. 18, 2020)

In this possession of a controlled substance on jail premises case involving Oxycodone, the trial court did not err by refusing to instruct the jury that an element of the offense is that the controlled substance be possessed unlawfully.  The court explained that a plain reading of the relevant statutes does not require the State to prove unlawful possession of a controlled substance as an element of the offense.  Instead, lawful possession is a defense that the defendant carries the burden of proving.